On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media...more
8/29/2024
/ Advertising ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more
7/17/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Machine Learning ,
Regulatory Violations ,
Title VII
Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more
4/26/2024
/ ADEA ,
Algorithms ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Resume ,
Title VII
Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer. While the FCRA can impose burdensome requirements on the...more
Healthcare organizations continue to be prime targets of cyberattacks. It is well-established that cyberattacks can lead to financial loss, reputational damage, and, in some cases, risks to patient care and safety. The recent...more
3/15/2024
/ Audits ,
Compliance ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Medical Records ,
NIST ,
OCR ,
SAMHSA
A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15. In...more
3/6/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Entrance Interviews ,
Facial Recognition Technology ,
Hiring & Firing ,
Personal Data ,
Personally Identifiable Information ,
Statutory Interpretation ,
Videoconference
On December 11, 2023, the City of San Francisco released the San Francisco Generative AI Guidelines (“Guidelines”). The Guidelines set forth parameters for City employees, contractors, consultants, volunteers, and vendors...more
2/21/2024
/ Artificial Intelligence ,
Bias ,
California ,
Critical Infrastructure Sectors ,
Discrimination ,
Innovative Technology ,
Local Ordinance ,
Machine Learning ,
Public Employees ,
San Francisco ,
Technology Sector
On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill No. 332, “An Act concerning online services, consumers, and personal data” (“SB 332”). New Jersey is the fourteenth state to pass a...more
1/24/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Information Technology ,
New Jersey ,
New Legislation ,
New Regulations ,
State Data Privacy Laws ,
State Privacy Laws
On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill No. 332, “An Act concerning online services, consumers, and personal data” (“SB 332”). New Jersey is the fourteenth state to pass a...more
1/23/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Controller ,
Data Management ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
New Jersey ,
New Legislation ,
Personal Data ,
Popular ,
Regulatory Reform ,
State Data Privacy Laws
On December 8, 2023, the California Privacy Protection Agency (“CPPA”) Board (the “Board”) held a public meeting to discuss, among other things, regulations addressing: (1) cybersecurity audits; (2) risk assessments; and (3)...more
12/27/2023
/ Artificial Intelligence ,
Automation Systems ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Management ,
Data Protection ,
Machine Learning ,
Regulatory Requirements ,
State Privacy Laws
With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some...more
12/19/2023
/ Conditional Job Offers ,
Employee Privacy Rights ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Reform ,
New Legislation ,
New York ,
Online Platforms ,
Social Media ,
State Labor Laws
New York Governor, Kathy Hochul, recently announced proposed cybersecurity rules for New York hospitals, which are due to be imminently published in the State Register on December 6, 2023, subject to approval by the Public...more
11/30/2023
/ Cybersecurity ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Healthcare ,
New York ,
Patient Privacy Rights ,
PHI ,
Popular ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform
While recent public attention has largely focused on generative artificial intelligence (AI), the use of AI for recruitment and promotion screening in the employment context is already widespread. It can help...more
The five-member Board of the California Privacy Protection Agency (the “CPPA”) held a public meeting on September 8, 2023, to discuss a range of topics, most notably, draft regulations relating to risk assessments and...more
9/13/2023
/ Artificial Intelligence ,
Audits ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Corporate Counsel ,
Cybersecurity ,
Data Management ,
Data Protection ,
Machine Learning ,
Popular ,
Regulatory Requirements ,
Risk Assessment
On August 9, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. and related companies (collectively, “iTutorGroup”) filed a joint notice of settlement and a request for approval and...more
8/18/2023
/ ADEA ,
Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Bias ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Machine Learning ,
Settlement ,
Software
After releasing an initial two-page “fact sheet,” Congress publicly posted the bill text of the No Robot Bosses Act (the “Proposed Act”), detailing proposed federal guardrails for use of automated decision-making systems in...more
8/16/2023
/ Artificial Intelligence ,
Automation Systems ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Innovative Technology ,
Labor Reform ,
Legislative Agendas ,
Machine Learning ,
Proposed Legislation ,
Regulatory Agenda ,
Robots
In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...more
8/8/2023
/ Advertising ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Online Safety for Children ,
Social Media ,
Unfair or Deceptive Trade Practices ,
Websites
In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...more
8/8/2023
/ Advertising ,
Celebrity Endorsements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
New Regulations ,
Online Endorsements ,
Online Platforms ,
Online Safety for Children ,
Regulatory Reform ,
Section 5 ,
Social Media ,
Unfair or Deceptive Trade Practices
On July 20, 2023, U.S. Senators Bob Casey (D-PA) and Brian Schatz (D-HI) introduced the “No Robot Bosses Act.” Other than bringing to mind a catchy title for a dystopic science fiction novel, the bill aims to regulate the...more
8/1/2023
/ Artificial Intelligence ,
Automation Systems ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Innovative Technology ,
Labor Reform ,
Machine Learning ,
Proposed Legislation ,
Regulatory Agenda ,
Robots
On July 26, 2023, the Securities and Exchange Commission (“SEC”) adopted its long-anticipated cybersecurity reporting rule (the “Final Rule”). The Final Rule applies to public companies subject to the reporting requirements...more
7/28/2023
/ Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Disclosure Requirements ,
Final Rules ,
Form 10-K ,
Form 8-K ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
California businesses, including employers, who have not already complied with their statutory data privacy obligations under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA),...more
7/27/2023
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personally Identifiable Information ,
State Privacy Laws
On July 13, 2023, the White House issued the first iteration of its National Cybersecurity Strategy Implementation Plan (the “Implementation Plan”), which will be updated annually. The two overarching goals of the...more
As we previously reported, on July 5, 2023, the New York City Department of Consumer and Worker Protection (DCWP) began enforcing Local Law 144 of 2021 (the “Law”) regulating the use of automated employment decision tools...more
A recent enforcement action by the Federal Trade Commission (“FTC”) against 1Health.io—which sells “DNA Health Test Kits” to consumers for health and ancestry insights—serves as a reminder that the FTC is increasingly...more
6/29/2023
/ Amazon Web Services (AWS) ,
Clinical Laboratory Testing ,
Consumer Privacy Rights ,
Data Management ,
Data Privacy ,
DNA ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Genetic Materials ,
Genetic Testing ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Human Genes ,
Life Sciences ,
Popular ,
Privacy Policy
We’ve all heard troubling stories involving emerging tools powered by artificial intelligence (AI), in which algorithms yield unintended, biased, or erroneous results. Here are a few examples:
- A monitoring tool for...more
6/8/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Consumer Product Companies ,
Employer Liability Issues ,
Facial Recognition Technology ,
Health Care Providers ,
Life Sciences ,
Privacy Laws ,
Race Discrimination ,
Risk Management ,
Webinars